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SIMPSON v. BOUKER

Nos. 00-3101, 00-3107 and 00-3133.

249 F.3d 1204 (2001)

Howard Scott SIMPSON, Petitioner-Appellant, v. Edward E. BOUKER, Judge, District Court of Ellis County; Thomas J. Drees, County Attorney of Ellis County; Carla Stovall, Kansas Attorney General, Respondents-Appellees. Roy L. Jensen, Petitioner-Appellant, v. Edward E. Bouker, District Court Judge of Ellis County; Thomas J. Drees, County Attorney of Ellis County, Kansas; Attorney General of the State of Kansas, Respondents-Appellees. John G. Hallock, Petitioner-Appellant, v. Byron Meeks, Pawnee County District Court Judge; John M. Settle, County Attorney of Pawnee County, Kansas; Attorney General of Kansas, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

May 2, 2001.

Attorney(s) appearing for the Case

Michael S. Holland of Holland and Holland, Russell, KS, for Petitioners-Appellants.

David L. Harder, Kansas Department of Revenue (Jared S. Maag, Assistant Attorney General, with him on the brief), Topeka, KS, for Respondents-Appellees.

Before EBEL, ANDERSON, and BALDOCK, Circuit Judges.

BALDOCK, Circuit Judge.

Petitioners Howard Scott Simpson, Roy L. Jensen, and John G. Hallock appeal the district court's order denying their petitions for a writ of habeas corpus. See 28 U.S.C. § 2254. Petitioners argue their prosecutions for possession of marijuana, following the State of Kansas' imposition of a penalty for failure to pay a drug tax pursuant to Kan. Stat. Ann. §§ 79-5201 thru 79-5212, violate the Double Jeopardy Clause of the...

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